352 Service of documents Any notice, order or other document which by this Act may be or is required to be served upon a company, foreign company or unregistered association may, if it cannot be served as in this Act is otherwise expressly prescribed or unless the court shall otherwise direct, be served by leaving the same at, or sending it by prepaid registered post to — (a ) the registered office, in the case of a company; (b ) any place of business established in Zimbabwe, in the case of a foreign company; (c) the head office or principal place of business in Zimbabwe, in the case of an unregistered association. 353 Provision as to fees (1 ) Where under this Act— (a ) a fee is payable in respect of the performance of any act by the Registrar, the Registrar shall not perform the act until the fee is paid; (b ) a fee is payable in respect of the doing of any act by any person other than the Registrar, the act shall be deemed not to have been done until the fee has been paid; (c) a fee is payable in respect of the filing or delivery of a document, the document shall be deemed not to have been filed or delivered until the fee has been paid. (2 ) All fees shall be paid at the Companies Registration Office or at any other prescribed office in such manner as the Registrar or the Master, with the approval of the Minister, may determine. 354 Proofs of certain facts by affidavit (1 ) In any criminal proceedings under this Act concerning the failure of a person to file with or deliver to the Registrar any return or other document, a document purporting to be an affidavit made by a person who alleges therein that— (a ) he is in the service of the State; and (b ) if the said return or other document had been filed with or delivered to the Registrar, it would in the ordinary course of events have come to the deponent’s knowledge and a record thereof, available to him, would have been kept; and (c) no such return or other document has to the deponent’s knowledge been filed with or delivered to the Registrar and that he has satisfied himself that no such record was kept; shall on its mere production in those proceedings by any person, but subject to subsection (2 ), be prima facie proof that such return or other document has not been filed with or delivered to the Registrar. (2 ) The court in which any such affidavit is produced in evidence may, and, at the request of the accused made not less than seven days before the trial, shall, cause the person who made it to be summoned to give oral evidence in the proceedings in question. (3 ) Nothing in this section contained shall affect any other rule of law under which any certificate or other document is admissible in evidence, and this section shall be deemed to be additional to, and not in substitution for, any such rule of law. Rules of Procedure, etc. 355 Forms and tables and application of Seventh Schedule and licences (1 ) Subject to section three hundred and sixty -one, the forms and tables set forth in the First, Third, Fifth and Sixth Schedules or forms and tables as near thereto as the circumstances admit shall be used in all matters to which those forms and tables refer. (2 ) Subject to section three hundred and sixty-one and to the discretion by this Act conferred on the Master or the Registrar, there shall be paid in respect of the several matters or services mentioned in the Seventh Schedule the several fees specified therein. (3 ) Any fee payable by or in relation to a foreign company which is to be calculated in relation to the share capital thereof which is fixed in a currency other than Zimbabwe currency shall be calculated after such share capital has been converted to Zimbabwe currency at the rate of exchange current at the date such fee became payable. 356 Additional fees in respect of late submissions of documents or notices (1 ) Without derogation from the penal provisions of this Act, a company which has failed within the time specified in the appropriate provision to furnish a document or give the notice required in terms of any provision referred to in subsection (2) or (3) may thereafter furnish such document or give such notice subject to the payment to the Registrar in respect of the recording of that document or notice of the prescribed fee and of a penalty based on such fee calculated according to the appropriate scale specified in subsection (2 ) or (3 ), as the case may be. (2 ) In the case of a document or notice required to be lodged in terms of subsection (1 ) of section thirty-five , subsection (2 ) of section seventy-one, subsection (3) of section one hundred and seven, subsection (2 ) of section one hundred and eight , subsection (2) of section one hundred and twelve, subsection (3) of section one hundred

Select target paragraph3

Add to table of contents